The Third Circuit has granted the government's petition for rehearing en banc and vacated its earlier panel decision holding that the court has jurisdiction to review a CAT-only claim under 8 U.S.C. § 1252(a)(1), setting the case for argument in October before the full court.
The order denies the petitioner's own rehearing petition but grants the government's, reopening the question that has split circuits and produced pointed disagreement within the Third Circuit itself, including a recent concurrence in a separate case arguing that no statutory basis exists for reviewing a CAT-only petition absent a challenge to the underlying final order of removal. Petitioner must file a supplemental brief responding to the government's arguments by September 21.
The full text of Laureano v. Attorney General can be found here: https://www2.ca3.uscourts.gov/opinarch/242433po.pdf